December 02
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Trajan Shipley
21st October 2021
Institutional law Justice & Litigation

European Parliament to bring action against Commission for failure to use rule of law conditionality mechanism

Yesterday, on 20 October 2021, President David Sassoli requested the legal services of the European Parliament to begin preparations for legal action against the European Commission ‘for its failure to apply the Conditionality Regulation’ (2020/2092).

The Regulation allows for a fast-track procedure to withhold EU funds to the condition of the respect by Member States of rule of law principles such as the independence of the judiciary or the respect of minorities' rights.  

In its conclusions following its meeting of 10-11 December, the European Council stated that the European Commission would not propose measures under the Regulation until it adopts guidelines on its application, which would include the Court of Justice’s


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